Opinion
January 23, 1987
Appeal from the Onondaga County Court, Van Auser, J.
Present — Callahan, J.P., Denman, Green, Pine and Lawton, JJ.
Adjudication unanimously modified, on the law, and, as modified, affirmed, in accordance with the following memorandum: The People concede that, because defendant was adjudicated a youthful offender, it was improper for the court to impose a mandatory surcharge (see, People v. Floyd J., 61 N.Y.2d 895). The penalty assessment must, therefore, be vacated.